ZIA ULLAH vs State S — 2021 YLR 2273 PESHAWAR-HIGH-COURT

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ZIA ULLAH VS State S. 9(c)---Possession of Narcotics---Appreciation of evidence---Prosecution case was that two plastic sacks, one containing 11 packets of heroin, each packet weighing 1025 grams and another sack containing 16 packets of heroin, each weighing 1535 grams were recovered from secret cavities of oil tanker driven by accused, while co-accused was sitting thereon---Four witnesses were produced and examined in support of the prosecution case---Seizing Officer and recovery witness had been subjected to taxing cross-examination, but nothing beneficial to defence could be extracted from them rather they remained stuck to their stance and corroborated each other on all material aspects of the occurrence such as the day, date, time and place of arrest of the accused and recovery of contraband from the Oil Tanker in the mode and manner as alleged in the FIR---Positive Forensic Science Laboratory Report qua the samples further supplemented the prosecution case---Prosecution had also proved the chain of circumstances under which the samples were sent to the Forensic Science Laboratory right from the spot till its receipt in the Forensic Science Laboratory---Defence failed to point out any discrepancy in the testimony of the witnesses---Incriminating statements of the prosecution witnesses recorded on oath were enough to prove recovery of huge quantity of heroin from secret cavity of the Oil Tanker which was in exclusive possession and control of accused---Shred of evidence had not been brought by the defence to show any enmity of the witnesses with the accused---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances---Prosecution witnesses had admitted in their statements that nothing incriminating was recovered from personal possession of co-accused and that he was sitting in front seat of the vehicle---No evidence had been brought on record by the prosecution to establish that co-accused was in conscious knowledge of the concealed narcotics in Oil Tanker or that he was dealing in the business of narcotics---Nothing in black & white was available on file to show previous involvement or conviction of co-accused in such like cases---Co-accused was acquitted, in circumstances.

ZIA ULLAH vs State S — 2021 YLR 2273 PESHAWAR-HIGH-COURT

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